General terms and conditionsForellenparkde Haere
Article 1. GENERAL
- All these provisions shall be deemed to be known to the buyer or purchaser and agreed between the parties. As soon as he has received any writing from the seller, hereinafter referred to as Bultman, express reference is made to these conditions.
- These General Terms and Conditions may be enforced against any purchaser and shall apply to the exclusion of all the purchaser’s own General Terms and Conditions.
- However, if the buyer has included the same clause – as referred to in paragraph 2 – in his own General Terms and Conditions, the parties must agree in writing on the General Terms and Conditions before concluding contracts. These will then apply in that case.
- Insofar as they conflict with the purchasing conditions of the client, the present conditions shall prevail except and insofar as the purchasing conditions of the buyer have been accepted in writing by Bultman.
- For the rest, deviations from these provisions. even if stated on documents originating from the buyer or his representatives, then only apply, when expressly confirmed in writing by Bultman.
Article 2. PRICE CURRENT, ORDERS AND ORDER CONFIRMATIONS
- The conditions and prices issued by Bultman are binding. Written orders made by the buyer, whether by means of order forms and/or forms or not, are binding on him. Seller reserves the right to require partial or full payment in advance.
- Any or alleged inaccuracies in any order confirmation sent by Bultman must, under penalty of cancellation, be made known in writing within 3 days of receipt of such confirmation.
- Goods ordered by telephone which have not been confirmed by either the customer or Bultman in writing will be accepted in full by the customer upon receipt of the goods.
Article 3. DELIVERY
- The price of all fish and/or related items to be delivered by Bultman (As described and stated in our quotations and/or order confirmations) is exclusive of V.A.T. and exclusive of packaging and is – unless otherwise agreed in advance in writing – calculated in Euros for carriage paid delivery.
- Deliveries abroad of small quantities, as well as delivery of express orders carried out on behalf of the buyer, shall not be carriage paid.
- In the event of carriage paid delivery, the cheapest mode of transport will always be used, unless agreed otherwise in advance. For any other method of shipment, the additional costs will be borne by the buyer.
If the place of delivery is not reasonably accessible except by taking special measures, at Bultman’s discretion, Bultman may claim compensation for the additional costs. - In the case of cash on delivery, any associated costs shall be borne by the buyer.
- If after the conclusion of the agreement of fish and/or related articles whether or not obtained by Bultman from third parties, as well as taxes and duties established by the government, change, Bultman is entitled to change the agreed price accordingly.
- Bultman is entitled to invoice any partial delivery, including the delivery of a composite order. In this case, payment must be made in accordance with the provisions of article 4 of the terms and conditions.
- The Buyer undertakes, upon receipt of the fish and/or related articles delivered, to check them immediately and settle for receipt, failing which these goods shall be deemed approved.
- In the event of force majeure (this includes war, riots, export bans or other government measures, non-delivery or late delivery of goods to the vendor by third parties) Bultman will be released from complying with the agreed delivery date, without the client being able to claim any right to compensation for costs, damages or interest. In the event of force majeure Bultman is obliged to notify the client immediately, who in turn is authorized to cancel the order in writing, subject to the obligation to purchase from Bultman or to reimburse the vendor for the goods already under seller’s control relating to the agreement.
- Without prejudice to the foregoing, the delivery time specified by Bultman does not create any obligations, so that exceeding the delivery time never gives the other party the right to compensation, dissolution of the agreements, while the other party remains obliged to pay without fail, even if payment was agreed before a fixed date.
- Bultman reserves the right to package its (pre-)packed fish at its own discretion. This packaging does not fall under the term -emballage-. For this purpose packaging means: metal or plastic bins, baskets, baskets etc. which will be charged separately to the buyer if necessary.
Article 4. PAYMENT
- All agreements for the delivery of fish, fish products and/or related articles – whether fresh, frozen or live – shall be made under the condition of payment in cash or within 8 days of the invoice date, unless otherwise agreed in writing.
- The customer may never claim compensation from Bultman. Nor can the customer refuse or suspend payment by invoking late or faulty delivery. Bultman can always invoke debt compensation, unlike its customer.
- If the buyer fails to pay within the agreed time, he shall be in default by that fact without any further notice of default being required on the part of the seller, and shall owe interest of 2% per month or the statutory interest rate, whichever is higher, for late payment from the due date. A part of the month is hereby settled as a whole month.
- Expenses related to judicial collection or other costs for late payment shall be borne by the buyer, whereby the extrajudicial collection costs shall be set at a maximum of 25% of the principal sum with a minimum of 150,-
The above-mentioned costs shall be payable in full and at once without summons or notice of default
Article 5. OWNERSHIP RESPONSIBILITY
- Bultman retains ownership of all goods it has delivered until they have been paid in full. Including all additional costs and interest, have been paid by the customer.
- Bultman, which has goods belonging to the client in its possession, is entitled to retain these goods until payment of all costs incurred by Bultman in the execution of orders from the same client, regardless of whether these orders relate to the aforementioned or to other goods belonging to the client, unless the client has provided adequate security for these costs.
Article 6. QUALITY, RECLAMES AND WARRANTIES
- Unless otherwise expressly stipulated at the time of sale, with regard to quality, quantity, weight, type and packaging, delivery shall be made in accordance with normal commercial practice and shall therefore be considered agreed upon.
- Bultman guarantees that the goods delivered by him are sound and meet the requirements that are generally set for such goods in trade.
- Complaints concerning quality, quantity, weight, species or packaging will only be dealt with if they reach Bultman in writing within 24 hours of delivery. If it concerns the delivery of live fish, the seller may reject any claim if, in the seller’s opinion, the live fish has been mishandled by the buyer. Any claims of live fish should also be made in writing and within 24 hours of delivery.
- However, deviations in quality, quantity, weight, type or packaging that are customary or minor unavoidable in the trade-more specifically in the present sector-may never be claimed.
- With due observance of what has been determined elsewhere in these terms and conditions, Bultman guarantees both the quality and/or soundness of the goods it has delivered and the quality of the packaging material it has supplied and used, but only to the extent that all visible defects to the goods delivered that the customer proves have arisen within the agreed delivery period, exclusively or predominantly as a direct consequence of any improper act or omission on the part of Bultman or use of inferior packaging material, will be replaced free of charge by Bultman. In the absence of an agreement to that effect, goods delivered by Bultman that are defective will be replaced free of charge if the defect has arisen within 24 hours of delivery of the goods, with due observance of article 4 paragraph 2.
- Non-compliance with what has been agreed regarding payment, and furthermore every non-compliance by the buyer of one of his obligations releases Bultman from his obligations, as referred to in this article, as well as from all other obligations.
Compliance with his guarantee obligations by the supplier will be considered as the only and complete compensation.
The buyer is not entitled to any other claim for compensation, of any kind, nor to a claim for dissolution of the agreement.
Article 7. RISK AND LIABILITY.
- Except for mandatory regulations in this respect, Bultman shall never be liable for injury or damage of any kind whatsoever, caused to persons or non-natural persons of the buyer or third parties by the use of goods delivered by the seller in respect of non-visible defects.
- The customer shall indemnify Bultman against all claims for damages by third parties, which the latter could bring against Bultman on the basis of any act or omission on the part of the vendor or the persons appointed by the vendor in connection with the execution of any order or the fulfilment of any obligation to deliver on behalf of the customer.
Article 8. CANCELLATION AND DISCLOSURE
- If the client cancels the order in whole or in part, he is obliged to reimburse Bultman for all expenses reasonably incurred with a view to the execution of this order (costs of preparation, storage, etc.), all without prejudice to Bultman’s right to compensation for loss of profit, as well as any other damage resulting from the cancellation in question.
- In the event of cancellation, Bultman shall in any event be entitled to demand compensation of at least 25% of the total invoice value unless the loss suffered and/or loss to be suffered of whatever nature exceeds this percentage. In that case compensation will be equal to the total damage suffered by the seller.
Article 9. DISPUTES
- With respect to this agreement and any agreements resulting from it, the parties, at least one of whom is domiciled in the Netherlands, declare that they will submit to Dutch law, regardless of the place of delivery of any goods. The parties also declare that all disputes will be tried exclusively by the competent Dutch court.
- Without prejudice to the above, in the event of disputes about quality, quantity, weight, type and packaging, the parties shall have the option of appointing one or more experts in mutual consultation. This in order to solve the dispute amicably. The result of the investigation by these expert(s) shall be binding on the parties, whereby the party ruled against shall then undertake to pay the full costs of this investigation.
- Otherwise, all disputes arising directly or indirectly from this agreement shall be tried by the competent court in the place of our establishment.
- In case of disputes concerning the purchase of goods, more specifically fish, fish products and related articles, by Bultman, arbitration is excluded in advance. Parties then agree to let only the competent Dutch judge take cognizance of the dispute.
